Public Servants, as defined in the recently amended Lokpal Act 2016, are to file a statement of `movable/immovable assets/debts and other liabilities’ under the new format.
The earlier deadline of July 31 for the filing of the assets and liabilities declaration by public servants for the years as on August 12014/March 2015/March 2016 has already been extended to December 31.
A key aspect of the new format is that the earlier obligation of `public servant’ to declare the assets and liabilities of spouses and dependent in separate sheets is done away. It has come after the President Pranab Mukherjee gave his assent to the amended version of the Lokpal Act on July 30.
In a record of its kind in the parliamentary history, in a span of a week the Narendra Modi government not only succeeded in getting the Parliamentary approval for two key amendments to the Lokpal Act on declaration of assets by `public servants’ but took to its logical end.
It was preceded by weeks of intense lobbying by the political, bureaucrat and corporate class for a review of provisions on declaration of assets and liabilities by `public servant’ and NGOs receiving public funds as defined by the Lokpal Act.
Under Section 44 (2) the Lokpal 2013 Act a public servant within a period of thirty days from the date joining the service had to furnish information on the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries and his liabilities and that of his spouse and his dependent children.
It had defined "dependent children" as sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood.
However, the amended Act in 2016 section 44 was substituted. It reads, “On and from the date of commencement of this Act, every public servant shall make a declaration of his assets and liabilities in such form and manner as may be prescribed".
Further it had said that on and from the date of commencement of the principal Act, in section 59, in subsection (2), for clause (k), the following clause shall be substituted, and shall be deemed to have been substituted.
It reads, “The form and manner of declaration of assets and liabilities by public servants under section 44: Provided that the rules may be made under this clause retrospectively from the date on which the provisions of this Act came into force". Hence the requirement for a new format arose.
Protests were raised on inclusion of spouses and dependants of public servants and office bearers of all NGOs (who have also been made as pubic servants) in the clause for declaration by assets on the ground that it would discourage genuine social citizens from contributing to social causes. While the original law was enacted by the UPA government in 2013, the Modi government made amendments to the Act in 2014 paving way for declaration of assets by public servants.
However, the deadline was extended repeatedly on representation. The latest extending it to December 31 is the sixth that would benefit about 50 lakh government employees as well office bearers of NGOs.
The amendments made by Parliament to the Lokpal Act have separately been referred to a Standing Committee which is expected to make its recommendations expeditiously and if possible before the next Session of Parliament.
